For contact info for this court go to --> Official 245th District Court web page (Judge Roy L. Moore)

Note: Judge Annette Galik aka Annette Galik Sanderford re-married in 2007 and took the last name of
her new husband, Hal G. Kuntz. She did not seek re-election in 2010.

SOME APPEALS FROM CASES IN JUDGE KUNTZ's COURT

Bridgwater v. Arceneaux (pdf)(Tex.App.- Houston [1st Dist.] Feb. 18, 2010)(per curiam dismissal)
(
two-year protective order had expired, rendering appeal moot)
DISMISS APPEAL: Per Curiam     
Before Justices Keyes, Sharp and Massengale    
01-08-00416-CV  Tom Bridgwater v. Laura Arceneaux    
Appeal from 311th District Court of Harris County
Trial Court Judge:
Hon. Annette Kuntz

Matthews v. McCall Northrup (pdf) (Tex.App.- Houston [1st Dist.] Jan. 14, 2009)(Jennings)
(
child support determination of amount)
Because Matthews has not supplied this Court with a statement of facts with which to review the trial court’s
determination of deemed income from the Partnership in calculating his child support obligation, we hold Matthews
has waived review of his issue.
AFFIRM TC JUDGMENT: Opinion by Justice Jennings  
Before Justices Jennings, Higley and Sharp   
01-09-00063-CV Matthew A. Matthews v. Elizabeth McCall Northrup   
Appeal from 245th District Court of Harris County
Trial Court Judge:
Hon. Annette Kuntz   

Ex Parte Davis (Tex.App.- Houston [14th Dist.] Jan. 6, 2010) (habeas corpus petition denied)
(
SAPCR contempt order based on health care provisions in SAPCR order found partially void)
We conclude that the trial court’s contempt findings in violations 1, 2, 3, 4, 5, and 6 are void.  We further conclude that the portion of the
contempt order setting an ending date for relator’s sentence is void.  Accordingly, we modify the trial court’s order (1) by striking as void
the trial court’s contempt findings in violations 1, 2, 3, 4, 5, and 6 and (2) by deleting the ending date on relator’s sentence from the
order.  The remaining portion of the order is valid and enforceable.  In all other respects, relator’s petition for writ of habeas corpus is
denied.
MOTION OR WRIT DENIED: Per Curiam      
Before Justices Yates, Frost, and Brown.
14-09-00943-CV  Ex Parte Stephanie Davis    
Appeal from 245th District Court of Harris County
Trial Court Judge:
Judge Annette Kuntz   

In Re Melendez (Tex.App.- Houston [14th Dist.] Oct. 22, 2009)(per curiam denial of mandamus)
(mandamus denied re: order denying a
motion for the continuance)
MOTION OR WRIT DENIED: Per Curiam    
Before Chief Justice Hedges, Justices Seymore and Boyce  
14-09-00883-CV  In Re Miguel Melendez   
Appeal from 245th District Court of Harris County
Trial Court Judge:
Judge Annette Kuntz  

In re Corder (Tex.App.- Houston [1st Dist.] Apr. 10, 2009)(Taft) (child support contempt
punitive contempt, civil contempt, inability to pay defense, habeas corpus premature)
DENY PETITION FOR WRIT OF HABEAS CORPUS: Opinion by
Justice Taft
Before Justices Taft, Bland and Sharp
01-09-00004-CV In re Dale Corder
Appeal from 245th District Court of Harris County
Trial Court
Judge: Hon. Annette Kuntz

Appeals Court Finds Fault with Family Court Judge's Manner of Running Her Court
This case involves a post-answer default judgment and related rulings in a suit affecting the parent-
child relationship (SAPCR).  In seven issues, appellant Patrick J. Combe-Ovadia contends the trial
court abused its discretion by (1) failing to set aside the default judgment entered against him and in
favor of Amarit Gonzalez; (2) striking his amended pleadings and jury demand; (3) modifying his
periods of possession of his two minor children; (4) issuing permanent injunctions; (5) determining a
risk of international child abduction existed and issuing related precautionary orders; and (6) awarding
attorney's fees and conditioning his right of appeal. The Court of Appeals reverses and remands for a
new trial.
In Interest of KACO (Tex. App. – Houston [14th Dist.] Mar. 5, 2009)(Boyce)
(SAPCR suit,
default judgment reversed, sanctions reversed, striking of pleadings reversed, denial of
jury trial improper)
REVERSED AND REMANDED: Opinion by Justice Boyce  
14-07-00311-CV In the Interest of K.A.C.O & J.C.C.O
Appeal from 245th District Court of Harris County
Trial Court
Judge: Annette Kuntz (fka Galik)

In the Interest of ALE (Tex.App.- Houston [14th Dist.] Feb. 12, 2009)(Sullivan)
(
SAPCR modification suit, supervised visitation, alcohol)
AFFIRMED: Opinion by Justice Sullivan  
Before Justices Brock Yates, Guzman and Sullivan
14-07-00329-CV  In the Interest of A.L.E.
Appeal from 245th District Court of Harris County
Trial Court Judge: Judge Annette Kuntz  

In re McCauley (Tex.App.- Houston (Oct. 31, 2008)(per curiam) (plenary power, void order)
DENY PETITION FOR WRIT OF MANDAMUS: Per Curiam
Before Chief Justice Radack, Justices Nuchia and Higley
01-08-00821-CV In re Brian McCauley
Appeal from 245th District Court of Harris County
Trial Court Judge: Hon. Annette Kuntz

Habeas Corpus granted by Court of Appeals on finding that capias arrest order
entered after erroneous release of mother serving contempt sentence is
void
In re Stephanie Ann Bourg (Tex.App.- Houston [1st Dist.] Aug. 12, 2008)(Jennings)
(
criminal contempt of court, family court judge's capias order found void in its entirety, habeas corpus
relief granted) GRANT PETITION FOR WRIT OF HABEAS CORPUS:
Opinion by
Justice Terry Jennings  
Before Chief Justice Radack, Justices Jennings and Bland
01-08-00618-CV In re Stephanie Ann Bourg
Appeal from 245th District Court of Harris County
Trial Court Judge: Hon. Annette Kuntz  

Here, the trial court, in its capias order, seeks to impose an additional 180-day sentence against Bourg for a term
certain and "day for day without credit or offset." By its plain terms, the capias order was issued solely because Bourg
had been erroneously released by the Harris County sheriff and, in the trial court's opinion, had not been punished as it
had ordered. Accordingly, we hold that by issuing the capias order, which precludes Bourg from earning good-time
credit, the trial court has exceeded its authority. See Kopeski, 629 S.W.2d at 745; see also Ex parte Suter, 920 S.W.2d
685, 687 n.1 (Tex. App.--Houston [1st Dist.] 1995, no writ). Additionally, by imposing a sentence that fails to account for
any of Bourg's prior days in confinement, the capias order also operates to deprive Bourg of good time she has earned
in the past. Accordingly, we further hold that the portion of the capias order depriving Bourg from her right to earn good-
time credit is void.

It is undisputed that Bourg was erroneously released through no fault of her own. Moreover, it is clear that the trial
court's capias order is not based on any new contempt violations, but rather is solely based on the trial court's opinion
that Bourg has not been punished in accordance with its prior orders. There is nothing in the record to indicate that
Bourg was being ordered to return to jail because she violated any terms and conditions of the trial court's various
orders or committed any other acts of wrongdoing other than those specified in the prior orders. Moreover, we note that
the trial court did not simply order Bourg to be returned to jail to serve the remaining balance of her sentence, but
instead imposed a completely new sentence for an additional 180 days of confinement. The trial court's capias order,
by not accounting for the period during Bourg's erroneous release, violates well-settled authority providing that Bourg's
sentence continued to run during the period of her erroneous release. See Ex parte Hale, 117 S.W.3d 866, 872-73 & n.
26 (Tex. Crim. App. 2003); see also Ex parte Cross, No. AP-75700, 2007 WL 1704062, at *1 (Tex. Crim. App. June 13,
2007) (per curiam) (mem. op., not designated for publication). Thus, the trial court exceeded its authority. Accordingly,
we hold that the portion of the capias order that violates the authority establishing that Bourg's contempt sentence
continued to run during the period of her erroneous release is void.

Having held that the capias order is void because it violates Bourg's right to earn good-time credit and having held that
the capias order is void because it fails to account for the period of her erroneous release, and, because the trial court,
in its capias order, imposed an additional 180 days of confinement based upon Bourg's erroneous release and not
based upon any new contempt violations, we further hold that the capias order is void in its entirety.

In re Tam Pamela Tran (Tex.App. - Housotn [1st Dist.] June 26, 2008)(per curiam)
(
habeas corpus petition dismissed based on settlement)
DISMISS PETITION FOR WRIT OF HABEAS CORPUS: Per Curiam  
Before Justices Nuchia, Alcala and Hanks
01-08-00054-CV        In re Tam Pamela Tran
Appeal from 245th District Court of Harris County
Trial Court
Judge: Hon. Annette Kuntz

Marcum v. Marcum (Tex.App.- Houston [1st Dist.] June 12, 2008)(Alcala)
(
divorce case, property division, alter ego, piercing corporate veil,
jury selection, peremptory challenges)
AFFIRM TC JUDGMENT: Opinion by Justice Alcala  
Before Justices Nuchia, Alcala and Hanks
01-04-01062-CV        Kenneth Ray Marcum v. Darlene J. Marcum
Appeal from 245th District Court of Harris County
Trial Court
Judge: Hon. Annette Galik

Curttright v. Curttright (Tex.App.- Houston [1st Dist.] Apr. 3, 2008)(Hanks)(family law, divorce,
sanctions)
AFFIRM TC JUDGMENT: Opinion by Justice Hanks
Before Justices Nuchia, Hanks and Higley
01-07-00117-CV Lisa Vo Curttright v. Paul Easton Curttright
Appeal from 245th District Court of Harris County
Trial Court Judge: Hon. Annette Galik

Appeals Court Orders Transfer of Venue in SAPCR/Modification Suit

In re Wilson (Tex.App.- Houston [1st Dist.] Apr. 26, 2007)(Hanks)(mandamus)(transfer of venue was
mandatory)(mandamus, venue, family law, mandatory venue, court of continuing jurisdiction)
GRANT PETITION FOR WRIT OF MANDAMUS: Opinion by Justice Hanks
Before Justices Taft, Alcala and Hanks
01-07-00013-CV        In re Ronnie D. Wilson
Appeal from 245th District Court of Harris County (Hon. Annette Galik n/k/a Kuntz)

Bill of Review denied in challenge to decree of divorce with nonmarital child

Thomas v. Thomas (Tex.App.- Houston [14th Dist.] Aug. 23, 2007)(Seymore)(bill of review denied,
divorce,
nonmarital child)
AFFIRMED: Opinion by Justice Seymore
Before Justices Frost, Seymore and Guzman
14-06-00069-CV William Robert Thomas v. Patricia Russell Thomas
Appeal from 245th District Court of Harris County (Judge G. Annette Galik n/k/a Kuntz)

Mandatory Venue in Family Law Case enforced by Mandamus

In re Wilson (Tex.App.- Houston [1st Dist.] Apr. 26, 2007)(Hanks)
[
mandamus, venue, MTV, family law, children six month residency, court of continuing jurisdiction]
GRANT PETITION FOR WRIT OF MANDAMUS: Opinion by Justice Hanks
Before Justices Taft, Alcala and Hanks
01-07-00013-CV        In re Ronnie D. Wilson
Appeal from 245th District Court of Harris County (Hon. Annette Galik n/k/a Kuntz)

Court of appeals denies habeas corpus relief in contempt case

In re Aurelio Sotelo Flores (Tex.App.-Houston [1st Dist.] Nov. 3, 2006)(per curiam)
[
habeas corpus relief denied, relator not restrained, dismissed for want of jurisdiction, DWOJ]
DISMISS PETITION FOR WRIT OF MANDAMUS: Per Curiam
Before Justices Nuchia, Jennings and Higley
01-06-00733-CV In re Aurelio Sotelo Flores
Appeal from 245th District Court of Harris County (Judge Annette Galik)
("We dismiss relator’s petition for want of jurisdiction because the issue about which
relator complains is not ripe for consideration in this habeas proceeding. Footnote  See
In re Easton, No. 14-06-00674-CV, slip op. at 3, 2006 Tex. App. LEXIS 7095 (Tex. App.
—Houston [14th Dist.] Aug. 10, 2006, orig. proceeding) (held court of appeals has no
jurisdiction to entertain application for writ of habeas corpus when trial court had issued
writ of attachment for relator’s arrest because he had failed to appear for contempt
hearing, but was not confined and, to the court’s knowledge, was still evading writ of
attachment)")
Hon. Annette Kuntz f/k/a Annette Galik
[Former] Family District Court Judge in Harris County, Texas
Houston Opinions
Harris County Family Law Center
1115 Congress, Houston TX 77002

Houston Family Courts and
Family Court Judges

245th District Court     Judge Annette Kuntz (fka Galik)
246th District Court     Judge Jim York
247th District Court     Judge Bonnie Crane Hellums
257th District Court     Judge Judy Warne
308th District Court     Judge Georgia Dempster
309th District Court     Judge Frank Rynd
310th District Court     Judge Lisa Millard
311th District Court     Judge Doug Warne
312th District Court     Judge David Farr (through 2008)
312th District Court     
Judge Robert Hinojosa (2009-)

Recent Houston Family Law Appeals Marital Property Cases
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